Thank you, Madam Chair.
I have absolutely no objection, particularly in a minority Parliament, with members of this committee or any committee having discussions with members from parties other than their own. That is the spirit of co-operation and I think that's good. My problem is with selecting those you speak to and leaving others out of the equation, so that they are surprised by what is coming before them. That is a problem. Out of respect for all of us trying to grapple with a difficult piece of legislation, we should all be included in those kinds of discussions, or at least be given some notice, as opposed to a select person or persons being given notice and the rest of us being left to figure it out.
On that note, yes, I am aware that the term “gender expression” is in Bill C-16. What I was trying to understand—and this is probably a question for the Department of Justice officials—is that I don't believe the term “gender expression” is, in fact, defined anywhere in the Criminal Code of Canada. It is used in Bill C-16, but I see no definition there. In fact, I believe it was expressed at the time that it should be left to courts and tribunals to define it.
My question is whether or not the term “gender expression” is defined in the Criminal Code of Canada. Is the term “practice” defined in the Criminal Code of Canada? If they are defined already, that gives us something to go on. If they are not already defined in the legislation, then I have a problem with inclusion in this bill when, in the testimony we have heard from many witnesses.... We all heard the same testimony. Some people wanted it included specifically. Others didn't want it included specifically because they weren't sure what it means.
We are not talking about just any legislation. We're talking about amendments to the Criminal Code of Canada that carry with them criminal sanctions. That is the whole point of contention in this bill. I don't even think it's the overall idea of the bill. It's the fact that we are dealing with criminal sanction against certain behaviours that are in this bill without sufficient definition.
My question is for the Department of Justice officials. Where in the Criminal Code of Canada is “gender expression” defined? Where is the term “practice” defined? I would appreciate those definitions being pointed out to me.
Thank you.